UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
November 28, 2012
CURTIS AND CHARLOTTE WESTLEY, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY AND RELATED CONSOLIDATED ACTION SITUATED,
OCLARO, INC., ET AL.,
DEFENDANTS. IN RE OCLARO, INC. DERIVATIVE LITIGATION,
The opinion of the court was delivered by: Hon. Edward M. Chen United States District Court Judge
STIPULATION AND [PROPOSED]
This Document Relates to: ORDER ON CASE MANAGEMENT
WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a Class Action 2 Complaint for Violation of the Federal Securities Laws ("Complaint") (Dkt. No. 1) against 3 defendants Oclaro, Inc., Alain Couder, Jerry Turin, and James Haynes in the above-entitled matter;
WHEREAS, on October 27, 2011, Lead Plaintiff Connecticut Laborers' Pension Fund 5 ("Lead Plaintiff") filed an Amended Complaint for Violation of the Federal Securities Laws 6 ("Amended Complaint") (Dkt. No. 39) against Defendants Oclaro, Inc., Alain Couder, and Jerry 7 Turin (collectively, "Defendants");
WHEREAS, on December 12, 2011, Defendants filed a motion to dismiss the Amended 9 Complaint (Dkt. No. 44);
WHEREAS, on March 27, 2012, the Court issued an Order granting Defendants' motion to 11 dismiss the Amended Complaint and Lead Plaintiff leave to amend (Dkt. No. 58);
WHEREAS, on April 26, 2012, Lead Plaintiff filed a Second Amended Complaint for 13 Violation of the Federal Securities Laws ("Second Amended Complaint") (Dkt. No. 62);
WHEREAS, on May 25, 2012, Defendants filed a motion to dismiss the Second Amended 15 Complaint (Dkt. No. 63);
WHEREAS, on September 21, 2012, the Court issued an Order granting Defendants' motion 17 to dismiss the Second Amended Complaint and Lead Plaintiff leave to amend ("September 21 18 Order") (Dkt. No. 79);
WHEREAS, on October 4, 2012, Lead Plaintiff filed a Motion for Leave to File Motion for 20 Reconsideration of the September 21 Order ("Motion for Leave") (Dkt. No. 82);
WHEREAS, on October 29, 2012, the Court issued notice rescheduling the Case 22 Management Conference for December 11, 2012 and the filing of the parties' Joint Case 23 Management Statement for December 4, 2012 (Dkt. No. 90);
WHEREAS, on October 30, 2012, Defendants filed an Opposition to Lead Plaintiff's Motion 25 for Leave (Dkt. No. 91);
WHEREAS, on November 17, 2012, Lead Plaintiff filed a Reply in Support of the Motion for Leave (Dkt. No. 93);
WHEREAS, on December 11, 2012, the Court will hold a hearing on Lead Plaintiff's Motion for Leave;
WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 3 § 78u-4(b)(3)(B), discovery is currently stayed during the pendency of Defendants' motion to 4 dismiss;
WHEREAS, based on the discovery stay and in order to avoid the unnecessary expenditure 6 of the Court's resources or effort by the parties to this action, the parties have agreed, subject to the 7 Court's approval, that there is no need at this time for the parties to file the Joint Case Management 8 Conference Statement; and
WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights, 10 arguments, or defenses otherwise available to the parties to this action.
NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate as follows:
1. The parties do not need to file a Case Management Conference Statement on December 4, 2012.
DATED: November 27, 2012 ROBBINS GELLER RUDMAN & ALSTON & BIRD LLP DOWD LLP 17 18 By: _/s/ Julie A. Kearns _ By: _/s/ Gidon M. Caine _ JULIE A. KEARNS (Cal. State Bar No. GIDON M. CAINE (Cal. State Bar No. 188110) 19 246949) 275 Middlefield Road 655 West Broadway, Suite 1900 Suite 150 20 San Diego, California 92101 Menlo Park, California 94025-4008 Telephone: (619) 231-1058 Telephone: (650) 838-2000 21 Facsimile: (619) 231-7423 Facsimile: (650) 838-2001 email@example.com firstname.lastname@example.org 22 and and 23 SHAWN A. WILLIAMS (Cal. State Bar JESSICA P. CORLEY (pro hac vice) 24 No. 213113) One Atlantic Center Post Montgomery Center 1201 West Peachtree Street 25 One Montgomery Street, Suite 1800 Atlanta, Georgia 30309-3424 San Francisco, California 94104 Telephone: (404) 881-7000 26 Telephone: (415) 288-4545 Facsimile: (404) 881-7777 Facsimile (415) 288-4534 email@example.com 27 firstname.lastname@example.org Counsel for Defendants Oclaro, Inc., Alain Couder, Jerry Turin Counsel for Plaintiffs
I am the ECF User whose identification and password are being used to file the foregoing 3 Stipulation and [Proposed] Order on Case Management Conference Statement. Pursuant to General 4 Order No. 45, Section X (B) regarding signatures, I, Gidon M. Caine, attest that concurrence in the 5 filing of this document has been obtained.
DATED: NOVEMBER 27, 2012 /S/ GIDON M. CAINE
GIDON M. CAINE (CAL. STATE BAR NO. 188110)
IT SO IS ORDERED
Edward M. Chen
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